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(영문) 부산지방법원 2018.06.22 2018노1445
무고등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (limited to 8 months of imprisonment and 2 years of suspended sentence) is too minor.

2. The crime of false accusation against sexual assault case is an important evidence for the victim’s statement and the victim is expected to be severely punished, so the nature of the crime is very bad. However, the Defendant led to a confession during the investigation, and the Defendant did not actually prosecute the victim.

In addition, the lower court’s judgment exceeded the reasonable bounds of discretion when comprehensively taking into account all the conditions of the argument and the record of the instant case including the unfavorable circumstances (such as the fact that the person against whom the sentence was imposed was brought to the Defendant’s severe punishment) and favorable circumstances (such as the first offender) as stated in the reasoning for sentencing.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the part of “Article 324 regarding the relevant criminal facts and choice of punishment,” which is “Article 324,” which is “Article 324,” and “Article 1

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